City Council

HEARING BEFORE CITY COUNCIL, OCTOBER 9, 2007 Hearing opened at 7:30 p.m. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. This is a continuation of the public hearing from September 24, 2007. All members were present. Present at the hearing were Paul Perla, Marcia Casacca and Stephen Mullaney of Mullaney Engineering. The following PETITION was the subject of the hearing. 14-08 Steven P.Perla, Paul O. Perla, Paula M. Perla and Orlando J. Perla II: Amend Chapter 22 of the Revised Ordinances entitled “Zoning” to change the Leominster Zoning Map to rezone 1.08 acres by removing from the Residence A and Agriculture (RAA) District and including in the Commercial (C) District those portions of property at 1072-1072R Central Street, identified as Assessors’ Map 501, Lots 4 and 9, that are not presently in the Commercial District, such that all of said lots will be included in the Commercial District. Councillor Rowlands read a letter from Stephen Mullaney dated September 25, 2007. Dear Members of the City Council: Thank you for your consideration of the above-referenced petition. During the September 24, 2007 opening session of the Legal Affairs Subcommittee hearing for this filing, Chairman David E. Rowlands continued the hearing until October 9, 2007. At this time, my clients, petitioners Steven P. Perla, Paul O. and Paula M. Perla, and Orlando J. Perla II, hereby respectfully request that the above-referenced petition be given leave to withdraw without prejudice. The petitioners appreciate the prudence with which the City Council has been handling this petition and particularly the City Council’s willingness to conduct a site visit. However, in light of recent public comment, the petitioners believe that deferring the petition for the time being will afford the petitioners the occasion to directly discuss in detail with each individual who has expressed concerns about the petition what land use options are available to present and future owners of the subject site under the current Residence A zoning and the land use options to which the petitioners are willing to restrict the site if the zoning were to be changed to Commercial. Thank you for your attention to this matter. Please contact me if you have any questions, if you need additional information, or if our attendance is required at a meeting of the City Council to effect this request. Very truly yours, Stephen J. Mullaney S. J. MULLANEY ENGINEERING, INC. Councillor Freda said she wanted to clarify the letter by saying it is important to note that this is not a hearing before the Legal Affairs subcommittee. It is a hearing before the full Council. Stephen Mullaney said based on the public comment as noted in the letter they feel there are a number of people who have expressed concerns and they would like to meet with them on a one to one basis to have conversation with them. He said there were people who spoke at the hearing that they had no idea had an interest in the project. There was a gentleman, Dennis Bouchard, who is not an abutter and lives miles away from the site and would like to meet with him to see what his interest is. He said Mrs. O’ Leary spoke about traffic issues and he would like to have the opportunity to meet with her and discuss further what her issues are. A letter from Mr. and Mrs. Leger was received and he said he would like to meet with them to discuss their issues. He said he feels that this is consistent with the way the Council has treated petitions in the past. Mr. Mullaney said he was representing the petitioner on a split zoned property on Crawford Street and the Council encouraged us to take the time to knock on the doors of all the neighbors and people who had concerns and work out any differences. He said this is the reason for their request tonight. No one in the audience spoke in favor of the petition In opposition of the petition the following people spoke. William Ryan of 1068 Central Street, Rear. Mr. Ryan asked for clarification of the term “ dismissed without prejudice” . Councillor Rowlands said once the petition is before the Council we have to determine what to do with it. The request for leave to withdraw without prejudice is a decision that the Council can entertain but that does not mean that request will be entertained. He said if it is given leave to withdraw that petition would be like it never was submitted and a new petition could be submitted again at a later time. He said if it passes it becomes law, if it is denied there is a two year period it cannot be presented. Mr. Ryan said he was not at the last meeting because he was ill but he was at the Conservation meeting and the Planning Board meeting. He said on both occasions Mr. Mullaney showed a detailed plan showing the abutters to a point a lay person like himself could understand what the petition was about. He said at that time it was very difficult for him personally because he has known the neighbors for 23 plus years and know them to be good people and good neighbors. He said he made the decision based on the information Mr. Mullaney presented to them that would have an adverse reaction on his property value and as difficult and emotional as it has been, he doesn’ t want to go through this again six weeks from now, six months from now or eighteen months from now. He said he is willing to live with whatever the Council decides. He said he just wants a decision. HEARING BEFORE CITY COUNCIL, OCTOBER 9, 2007, continued Eileen O’ Leary, 16 Barry Lane spoke regarding the traffic issues in the neighborhood. Doris Ryan of 1068 Central Street Rear. She read the following letter into the record. Dear Councilor, We respectfully request that you follow through with your scheduled Site Visit to the Perla property at 1072 and 1072 Rear, on October 4,2007 or any other convenient time. During the City Council meeting of September 24, 2007, the abutters and neighbors requested a resolution of Petition 14-08, as soon as possible. Chairman Richard Marchand heard this request and explained to all present the importance of following due process entitled to the petitioners, abutters and neighbors. We recognize the importance of so doing and appreciate the Council Members willingness to conduct a Site Visit. Steven J Mullaney, PE of S. J. Mullaney Engineering, Inc. submitted a request that PETITION 14-08 be given leave to withdraw without prejudice to Lynn Bouchard, Leominster City Clerk, on Tuesday, September 25, 2007. His letter states “in light of recent public comment, the petitioners believe that deferring the petition for the time being will afford the petitioners the occasion to directly discuss in detail with each individual who has expressed concerns about the petition what land use options are available to present and future owners of the subject site under the current Residence A zoning and the land use options to which the petitioners are willing to restrict the site if the zoning were to be changed to Commercial.” We also respectfully request you deny the request to withdraw PETITION 14-08 without prejudice, during Council Meeting on October 9, 2007, when the continuance of the Open Hearing is scheduled, and allow the neighbors their due process to ifs completion. The petitioners had the option to invite the neighbors to meet with them since April 2007, when they devised a marketing plan and listed the properly for sale with Coldwell Banker. They made no effort to contact anyone and at no time informed anyone in the neighborhood of the submission of PETITION 14-08. The petitioner’s argument that Councilor Claire Freda did not allow for an opportunity to meet with the neighbors, by not responding to their request to meet is misleading. Councilor Freda’s presence was not a necessity for the petitioners to meet with the neighbors. The petitioners made no independent effort to meet with the neighbors, several with whom they have been well acquainted, for many years. The only notification direct abutters received was a certified letter stating that a request for delineation of wetlands and allowable usage was submitted to the Conservation Commission and stating there is no current plan for usage (Please see attached copy of Notification to Abutters). It is too late to request the opportunity to do so at this point. Please allow us to return to the normal routine of our lives, without the worry as to when Petition 14-08 or a modified version will again surface. As immediate abutters and neighbors who are fronted by the Perla’s Commercial zoned property we recognize our lives will be substantially impacted by their decisions. Please allow us to maintain the value of our home as much as possible by not removing the only predictable protection we enjoy, on both sides and to the rear of our home located in Residential A land, by voting no to Petition 14-08. Sincerely, William and Doris Ryan Councillor Rowlands said we did not officially schedule a site visit. He said the City Solicitor has concerns that a potential site visit may be in conflict with the public meeting if to much discussion takes place. He said Legal Affairs did not schedule a site visit and it will be up to the individuals to go on their own. Sue Farnsworth, 34 Debbie Drive said she abuts the land that is in question and says she is against it because it will devalue her land and expressed her concern about traffic. Mark Chiavelli, 58 Debbie Drive said he feels that there is a strong argument to be made tonight in favor of putting this matter to rest rather than leaving it to drag on. He said the Planning Board, Building and Health Inspectors will still be opposed in a month or two. He said rezoning established Residential land and making it Commercial for the sole purpose of one family to profit at the expense of numerous others is not good for Leominster. It isn’ t good today and it won’ t be good three months from now. The community has spoken and the petitioner has had due process and there is nothing to be gained by further delays. He asked that the City Council please take this petition forward and vote to deny the zoning area in question. Councillor Freda said she wanted to comment on Mr. Mullaney’s comment that was made after Planning Board meeting. She said she did suggest that she would mention it to the people. As you can tell they did not have any intention five or six months after the plan started to meet with anyone when they had every opportunity to do so. She said she doesn’t guard the neighborhood and they had every opportunity to call or knock on doors and see these people. They had the abutter’s list and that is a pretty poor excuse to suggest that she wouldn’t put the neighbors together. She said that the first indication these people had of a rezoning was the notification to abutters under the Massachusetts Wetland Protection Act. She said on the notice, under the public hearing date, it read: time and place will be published at least 5 days in advance in the Sentinel and Enterprise. She said she feels that this might not be a legal application process to send a certified letter that says nothing. She said the neighbors, in the past, have asked the surveyors what was going on when they were in the neighborhood and they were clearly told the Perla’s were putting up a garage on their property. She said there have been some misleading comments made along the way like the advertisement. She said we don’t want to rezone Residental. Some of the issues that Mr. Mullaney brought up last time is what he could put in like a child care center, a church, a school or they could do a 40B. The neighbors said they have no issue with those because they are a residential uses. They don’t have a problem with children playing. She said the request to give it leave to withdraw to talk about possibilities of what they can do in a Commercial zone shouldn’t be an issue to this Council tonight. They can still do what they want to do in a Residence A zone and they don’t need any blessing from the neighborhood. She said to give something leave to withdraw is politically correct and the easiest thing for HEARING BEFORE CITY COUNCIL, OCTOBER 9, 2007, continued this Council to do because you don’t get anyone upset but this is a serious issue rezoning residential property to a Commercial zone and she would respectfully request that the Council think hard and long at that. The process has been done and it has been mentioned before that what the due process is and the due process has been given. She respectfully requests that this be taken into consideration tonight. Councillor Rowlands said he would like to close this hearing and move it up on the agenda to move this forward for the people in the audience. Mr. Mullaney said they have a continuation of a Conservation Commission hearing in about ten minutes regarding the wetlands delineation. So if you were to move it up earlier on the agenda for a vote all interested parties may be upstairs. Secondly he said he went back and reviewed the tape to listen carefully the referrals that were made. He said the Council did refer this to the Zoning Board of Appeals. Under a public information request last week I obtained from the City Clerk’ s office a copy of the email the Chairman of the Zoning Board of Appeals sent as a recommendation of this petition. We requested that the comment be read into the record. Councillor Rowlands said this referral was not an official referral. He said it is a referral from the Chairman of the Zoning Board of Appeals. Councillor Marchand said although we do submit recommendations to various Boards as required by law, some of the referrals are just suggestions. Councillor Rowlands said his records show that they did not make that recommendation and said there was a request made by him to Ms. Irvine, the Secretary of the Zoning Board of Appeals. He said in his view this is not an official recommendation from the Zoning Board of Appeals because it is not from the entire Board but from the Chairman. Councillor Freda said she does not have anything from prior meetings asking for a referral from the Zoning Board of Appeals. If you sent an email to Ms. Irvine after the fact, that is not something for the public record and it is from the Zoning Board Chair and not from the Committee. She said she objects to it going into the record. Councillor Marchand said when they received the petition it was given regular course and referred to the Building Inspector, Planning Board, Conservation Commission, Department of Public Works and the Health Department. He said according to this document, it appears, there was a request made later however, it is not a binding recommendation at this point. Councillor Rowlands said he takes complete fault on that because he did send a request through the Mayor’ s office to the Zoning Board of Appeals to gather all the recommendations and not having his folder at work, when he initiated that request, he made the request thinking there was a request for it. Councillor Marchand said it is not essential. Councillor Rowlands said he is leaving it out at this point. Councillor Salvatelli said he is having a difficult time with the rational of meeting with the neighbors again. It is a residential property and has certain available rights to that because the commercial venture is not appealing at all. He said he knows that neighborhood and the people. He said he is trying to get a sense of what the petitioner is doing. If it is to convince people to go into commercial is that basically what you are saying? Mr. Mullaney said no. The idea of meeting with the individuals that have expressed concern is to discuss the drafted deed restriction they have prepared for that property. We have discussed it in detail at the Planning Board meeting in which they would limit the types of commercial uses on that property to only those that would be acceptable. For example, during the opening hearing a couple of weeks ago we heard one neighbor say that a small office or hairdresser would not be objectionable. We see that as a window of opportunity to explore that a little bit further. He said if this is the only two uses that are found acceptable that would be the types of things would be in the deed restriction. Councillor Salvatelli asked if that was passive commercial. Mr. Mullaney said yes. Councillor Freda said “ Correct me if I’ m wrong but those are by right uses, in a home business.” Councillor Freda said Ms. Casacca is shaking her head no and asked if it is. Mr. Mullaney said they would be commercial uses as a home occupation, but if no one is living in the building it would not be an allowed use. HEARING ADJOURNED AT 8:10 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 9, 2007 Hearing opened at 8:10 P.M. with Councillor Rowlands, Chairman of Legal Affairs presiding. All members were present. The following petition was the subject of the hearing. Relative to Amending Chapter 13, Section 23-34 of the Revised Ordinances entitled “No Parking on Certain Streets” to reflect no parking on Main Street both sides from the intersection with Haws Street in a general north/northeast direction to the intersection with Pierce Street. (Legal Affairs - Petition 15-08) No one spoke in favor or in opposition. No Councillors spoke. HEARING ADJOURNED AT 8:12 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 9, 2007 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. Councillor Lanciani gave tribute and asked for a moment of silence for Ross Amico, a retired firefighter who passed away. A recess was called at 8:12 P.M. to continue the public hearings and hold a public forum. The meeting reconvened at 8:15 P.M. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. A hearing was set for November 26, 2007 at 6:30 P.M. Vt. 9 “yeas” C-33 Mayor Dean Mazzarella: Request the City Council set a hearing for the Classification of the tax rate on November 26, 2007 for the purpose of setting the Fiscal Year 2008 tax rate. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. C-34 Relative to the appropriation of $240,000.00 to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-35 Relative to the appropriation of $75,000.00 to the Assessor’s Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-36 Relative to the appropriation of $100,000.00 to the Assessor’s Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account. C-37 Relative to the appropriation of $3,800.00 to the Health Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-38 Relative to the appropriation of $11,500.00 to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. C-39 Relative to the appropriation of $50,000.00 to the Wire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-40 Relative to the appropriation of $62,000.00 to the Police Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-41 Relative to the appropriation of $20,000.00 to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 9, 2007, continued The following COMMUNICATION was received, referred to the WAYS & MEANS AND PUBLIC SAFETY COMMITTEES, given REGULAR COURSE and referred to the Mayor, Building Inspector, and the School Department. C-42 Mayor Dean Mazzarella: Request adoption of a resolution to support all steps necessary to build a new or renovated police facility. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE, and referred to the City Solicitor, and Department of Public Works. 25-08 David Fedeli: Expand my water usage from Leominster at the Tri-Town Drive In Theater on Youngs Road. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE, and referred to the Police Department, Department of Public Works, and the Fire Department. 26-08 Wayne Nickel: Create a no parking zone on the easterly side of Whitney Street beginning at the corner of Whitney and Spruce and extending in a northeast direction to a point opposite National Grid pole #8. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE, and referred to the Planning Board, Zoning Board of Appeals, and the Building Inspector. A hearing was set for November 13, 2007 at 7:00 P.M. Vt. 9 “yeas” 27-08 John M. Dombrowski, James Lanciani. Jr., Virginia A. Tocci, Robert Salvatelli, Richard Marchand, David Rowlands, and Wayne Nickel: Amend Section 22-4 of the Leominster Zoning Ordinance to add the following definition. “Athletic Training Facility: an indoor and/or outdoor facility for training, practicing, competition, demonstrations, and games by individuals and/or teams involved in athletics, cheerleading, and/or dance activities and any accessory uses related thereto ”Also amend Section 22-26 (Table of Uses) as follows: Uses RRA RAA RB RC BA BB C I Athletic Training Facility SPPB SPPB SPPB N N SPPB SPPB SPPB The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE, and referred to the Planning Department, Department of Public Works, Conservation Commission, the Building Inspector, and Health Inspector. A hearing was set for November 13, 2007 at 7:15 P.M. Vt. 9 “yeas” 28-08 Carl Piermarini, Leominster Telecommunication Corp. for Gateway Business Center: Grant a Special Permit to use a portion of a building located in an Industrial Zone at 435 Lancaster Street and shown on Assessors Map 443 as Lot 1 for a television broadcasting studio. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE, and referred to the Planning Department, Department of Public Works, Conservation Commission, the Building Inspector, and Health Inspector. A hearing was set for November 26, 2007 at 7:00 P.M. Vt. 9 “yeas” 29-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit for excavation of property at 70-90 Lanides Lane located within the floodplain and shown on Assessor’s Map 229 as Lot 1 for the purpose of creating compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE, and referred to the Planning Department, Department of Public Works, Conservation Commission, the Building Inspector, and Health Inspector. A hearing was set for November 26, 2007 at 7:15 P.M. Vt. 9 “yeas” 30-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit for excavation of property at 162 Hamilton Street located within the floodplain and shown on Assessor’s Map 238, as lot 1- 1 for the purpose of creating compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE, and referred to the Planning Department, Department of Public Works, Conservation Commission, the Building Inspector, and Health Inspector. A hearing was set for November 26, 2007 at 7:30 P.M. Vt. 9 “yeas” 31-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit to construct a 6,000 square foot office and professional building with associated site improvements at 156 Hamilton Street shown on Assessor’s Map 238 as lots 1-2 located within the floodplain. (A hearing was set for November 26, 2007 at 7:30 P.M.) The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE, and referred to the Mayor, and the Police Chief. 32-08 John M. Dombrowski et al.: Request the Mayor engage a private consultant to conduct a feasibility study to determine the costs, benefits and detriments of building a new police station at the Jungle Road property owned REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 9, 2007, continued by the City of Leominster vs. remodeling the Gallagher Building on Church Street to serve as a new or additional police facility vs. entering into a long term lease with an option to renew at a facility constructed by a private developer at Orchard Hill Park Drive. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, and given REGULAR COURSE. 33-08 New England Farm Workers’ Council: Request permission to use the Leominster City Council Chambers to take Fuel Assistance applications on October 24th, 31st, November 5th, 19th, 26th, 30th, December 3rd,17th, 20th, 2007 and January 3rd,7th, 17th, 25, 28th, 2008. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE, and referred to the Comptroller. 34-08 John M. Dombrowski et al.: Request that the City Council require as a condition to any amounts appropriated by the City Council, an “Appropriation Expenditure Summary” form be completed by the appropriate City Department Head and submitted to the City Council. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE, and referred to the Treasurer, Police Department, and Small Business Coordinator. 35-08 Andrew Namerow: Grant a Hawkers & Peddlers license to sell balloons and toys along the parade route at the Halloween Parade on Saturday, October 27, 2007. 36-08 Christopher Blain: Grant a Hawkers & Peddlers license to sell balloons and toys at the Halloween Parade on Saturday, October 27, 2007. 37-08 Roland Blain: Grant a Hawkers & Peddlers license to sell balloons and toys at the Halloween Parade on Saturday, October 27, 2007. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE, and given REGULAR COURSE. Election Officers – Fleur Ange Bachand, John P. Bulger, Andrew F. Filieo, Maria Tineo, Dr. Joan Nowlin Thompson, Todd Rousseau Emergency Management Volunteers – Colin F. Sanabria, Alden C. Carpenter, Daniel P. Consalvo, David W. Poirier, Russell W. Valliere, Jr. Arline M. Stith, Christopher P. Brown, James A. Gazzano, Robert W. Ericson. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-17 Relative to the appropriation of $40,500.00 to the Planning Department Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: - that the sum of Forty Thousand Five Hundred Dollars ($40,500.00) be appropriated to the Planning Department Expense Account; same to be transferred from the Emergency Reserve Account. RE: Zoning Revision Project Consultant C-25 Relative to the appropriation of $288,736.00 to the Sewer Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Hundred Eighty Eight Thousand Seven Hundred Thirty Six Dollars ($288,736.00) be appropriated to the Sewer Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-26 Relative to the appropriation of $32,526.00 to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Thirty Two Thousand Five Hundred Twenty Six Dollars ($32,526.00) be appropriated to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-27 Relative to the appropriation of $3,975.00 to the Sanitation and Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Three Thousand Nine Hundred Seventy Five Dollars ($3,975.00) be appropriated To the Sanitation and Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. RE: School property catch basin and manhole repairs REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 9, 2007, continued C-28 Relative to the appropriation of $25,000.00 to the Highway Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Highway Overtime Account; same to be transferred from the Excess and Deficiency Account. RE: Paving, drainage, patch crew and other overtime costs. C-29 Relative to the appropriation of $61,000.00 to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED: - that the sum of Sixty One Thousand Dollars ($61,000.00) be appropriated to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. RE: Yearly expenses for Gallagher Building. C-30 Relative to the appropriation of $6,500.00 to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Six Thousand Five Hundred Dollars ($6,500.00) be appropriated to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Deputy Chief Assessment Center C-31 Relative to the appropriation of $115,000.00 to the Highway Capital Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of One Hundred Fifteen Thousand Dollars ($115,000.00) be appropriated to the Highway Capital Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Sidewalk tractor C-32 Relative to the appropriation of $130,000.00 to the Debt Service Principle Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of One Hundred Thirty Thousand Dollars ($130,000.00) be appropriated to the Debt Service Principle Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Library Renovation Project Upon recommendation of the LEGAL AFFAIRS COMMITTEE a motion to give the following PETITION LEAVE TO WITHDRAW WITHOUT PREJUDICE was DEFEATED. Vt. 2 “yeas” and 7 “nays”; Councillors Salvatelli, Tocci, Nickel, Freda, Lanciani, Rosa and Marchand were in opposition. A MOTION to DENY was GRANTED. Vt. 8 “yeas”and 1 “nay”; Councillor Rowlands in opposition. 14-08 Steven P.Perla, Paul O. Perla, Paula M. Perla and Orlando J. Perla II: Amend Chapter 22 of the Revised Ordinances entitled “Zoning” to change the Leominster Zoning Map to rezone 1.08 acres by removing from the Residence A and Agriculture (RAA) District and including in the Commercial (C) District those portions of property at 1072-1072R Central Street, identified as Assessors’ Map 501, Lots 4 and 9, that are not presently in the Commercial District, such that all of said lots will be included in the Commercial District. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 9/0 20-08 M. Quan, Inc.: Grant a Special Permit for a Mixed Use Project under 20 acres at 40 Spruce Street located in an Industrial Zone and shown on Assessor’s Map 21 as Lot 2, for a retail store. (A hearing is scheduled for October 22, 2007 at 7:00 P.M.) 21-08 M. Quan, Inc.: Grant a Special Permit to repave an existing parking lot, driveway areas and to add drainage improvements at 40 Spruce Street located within the floodplain and shown on Assessor’s Map 21 as Lot 2. (A hearing is scheduled for October 22, 2007 at 7:15 P.M.) 22-08 David Barry: Grant a Special Permit for the demolition and reconstruction of an existing structure at 44 Pond Street located within the floodplain and shown on Assessor’s Map 7 as Lot 5. (A hearing is scheduled for October 22, 2007 at 7:30 P.M.) 23-08 Sergeant Michael Goldman: Amend the City of Leominster Ordinance entitled “No parking on Certain Streets” by deleting Kingman Drive (east side), from Granite Street southerly for a distance of one thousand one hundred fifty two feet and Kingman Drive (west side) and inserting in its place Kingman Drive both sides. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 9, 2007, continued Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 Councillor Tocci disclosed that she owns a business in close proximity but does not have financial gain and she will be voting on this petition. 24-08 North Central Investment L.P.: Declare that Wilder Avenue be made a “One Way” Street with Vehicular travel only in an easterly direction on Wilder Avenue for vehicles exiting off of Central Street unto said Avenue. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. Vt. 9/0 19-08 Sharon K. Testa: Requesting a pedestrian light at the intersection of Beth Avenue and Central Street. Upon recommendation of the SMALL BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9 “yeas” C-16 Dean J. Mazzarella, Mayor: Approve the creation of the Litchfield Street Economic Opportunity Area under the Economic Development Incentive Program. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Election Officers – Amanda Amicangelo, Mary A. Gallagher, John Isaac Going, Ida G. Kendall, Anna Mikels, Teresa A. Ramos, Marie J. Sharrigan Council on Aging - Joan Mullaney-Term to expire April 15, 2008. (To fill the unexpired term of Don Bastarche) Under Old Business, Councillor Nickel, the Chairperson of the President’s Drinking Water Oversight Committee, said there was a presentation at 6:00 P.M. and he felt they did well asking questions. At this point he would like to do an interim report. He said he thinks it is only fair to the citizens that his committee present a report on their findings. He said the other members of the committee agreed. Another meeting will be planned once the State gets the information. Councillor Dombrowski said our goal is to get the TTHM levels below the accepted requirements and right now he is dismayed in the slow progress. He said he did hear tonight they have had some success with the coagulant and that those results have been forward to DEP to see whether or not the reservoir can be treated as a whole. Hopefully there will be a happy ending and we can get those levels to where they need to be. Councillor Rowlands said he is looking forward to the individual number. The discussion that we are about 70% capacity in terms of water is an interesting thing given that August and September were drought months but prior to that we were doing pretty good. He said that offers insight into our capacity. Councillor Rowlands said he was very passionate on this issue and there is an enormous amount of concern in his Ward which is 100% served by Notown. He said he raised this issue over three months ago and had discussions with Mr. Benevides about having progress with coagulants. He said he didn’t think that the progress has been identified properly but the bigger issue still continues to be how our testing is done in terms of the averaging. He said he will look forward to the interim report. The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 9 “yeas” __________________________________ The City of Leominster In the year two thousand and seven An Ordinance amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster, as follows: Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” is hereby amended by deleting the following: Main Street (east side), from seven hundred ten feet from Haws Street for seven hundred sixty feet northeast along Main Street. Main Street (north side), from a point two hundred ninety-five feet easterly of the intersection of Main and Railroad Streets and extending westerly along the northerly sideline of Main Street through the intersections of Railroad, Hamilton and River Streets to a point one hundred feet from the most westerly corner of River Street at its intersection with Main Street. Main Street (south side), from a point beginning at the intersection of Prospect and main Streets and extending westerly to the point of intersection of Main and Nashua Streets. And Section 13-34 is further amended by inserting the following: Main Street both sides from the intersection with Haws Street in a general north/northeast direction to the intersection with Pierce Street”. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 9, 2007, continued The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas”; Councillor Marchand abstained due to a possible conflict of interest. The City of Leominster In the year two thousand and seven An Ordinance amending Chapter 22 of the Revised Ordinances entitled “Zoning” by amending the Zoning Map. Be it ordained by the City Council of the City of Leominster, as follows: Chapter 22 of the Revised Ordinances entitled “Zoning” is hereby amended by changing the Leominster Zoning Map, so that certain portions of Assessors Map 317, Parcel 5D are rezoned as follows, all as shown on a plan captioned “Sketch Showing Proposed Zoning Line Changes, Central Street,” dated April 27, 2007, prepared for Liberty Rental Corp. by Hannigan Engineering, Leominster, MA: Zoning Area “A” is changed from Residence C zone to Commercial zone; Zoning Area “B” is changed from Commercial zone to Residence C zone; Zoning Area “C” is changed from Commercial zone to Residence C zone; Zoning Area “D” is changed from Residence C zone to Commercial zone; Zoning Area “E” is changed from Commercial zone to Residence C zone; Zoning Area “F” is changed from Residence C zone to Commercial zone. _______________________________________ Under Old Business Councillor Salvatelli requested that Petition 115-07 be taken off the table and placed on the next agenda. Councillor Rowlands said he wanted to acknowledge the letter from Mr. Liddy regarding the Boys and Girls Club using the Veteran’s Center. He said he just wanted to acknowledge that he received it and thinks it is a valid issue that needs to be address. Upon recommendation of the WAYS & MEANS COMMITTEE, the following ORDER was ADOPTED. Vt. 9 “yeas” CITY OF LEOMINSTER MUNICIPAL ELECTION ORDER NOVEMBER 6, 2007 ORDERED:-that the City Clerk be and she hereby is authorized and directed to notify and warn the voters of the City of Leominster to assemble in their respective polling places in the several wards and precincts of the City, designated by the City Council as follows: WARD 1A SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 1B SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 1C SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 2A SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 2B SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 2C SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 3A FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET WARD 3B FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET WARD 3C FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET WARD 4A SENIOR CITIZEN DROP-IN CENTER 5 POND STREET REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 9, 2007, continued WARD 4B LEOMINSTER VETERANS’ QUARTERS 100 WEST STREET WARD 4C LEOMINSTER VETERANS’ QUARTERS 100 WEST STREET WARD 5A AUDITORIUM, CITY HALL 25 WEST STREET WARD 5B AUDITORIUM, CITY HALL 25 WEST STREET WARD 5C FIRST BAPTIST CHURCH OF LEOMINSTER 23 WEST STREET On Tuesday, November 6, 2007 then and there for the purpose of giving in their votes for the election of candidates for the following offices. Mayor; four Councillors-at-Large; one Councillor for each Ward; three School Committee Members-at-Large; one School Committee Member for each Ward; all for terms of two years, beginning on the first Monday in January, 2008 And it is further ORDERED:- that the polls shall be opened at 7:00 A.M. and closed at 8:00 P.M. and that notice shall be given by publication of this order in a conspicuous place in the office of the City Clerk. Per Order Leominster City Council True Copy Attest: Lynn A. Bouchard City Clerk Under New Business, Councillor Marchand said Veteran’s Day is approaching on Sunday November 11, 2007. We have received communication from Richard Voutour, the Veteran’s Director outlining the events for the day. Councillor Salvatelli said the City Clerk came to him regarding the lack of space for both the cassette tapes and the video tapes of the City Council meetings which go back to 1997. He said she is asking for the Council to adopt a policy regarding how long we keep them. LATV keeps them forever. Councillor Marchand said it should be directed to the City Solicitor. Councillor Salvatelli said the City Clerk has information from other communities. He said we are probably looking at three years. Councillor Rowlands said in the future we should look at another format. The idea of using cassettes are gone. The capacity to store is much stronger now. Councillor Nickel said he noticed there were a couple of temporary appointments tonight and Sergeant Goldman will be Acting Lieutenant Goldman. He said it has been his pleasure to know Mike for the sixteen years that he has been on the Council. He said he looks forward to making the permanent confirmation to Lieutenant. He said he has done a good job since he has been there. The other temporary appointee is Sandie Dupre who is an excellent candidate. He said that Sandie Dupre has been away from the City due to military duty. He looks forward to the permanent appointments of both of them. Councillor Freda is in agreement with Councillor Nickel and supports their appointments. MEETING ADJOUNRED AT 10:34 P.M. _______________________ Lynn A. Bouchard City Clerk and Clerk to the City Council